Bank of Ireland and Others v Domvile

• Jurisdiction: Ireland
• Judgment Date: 08 December 1956
• Date: 08 December 1956
• Docket Number: (1952. No. 712)
• Court: High Court

Bank of Ireland and Others

and

Domvile

Estate in fee tail - Disentailing deeds - Protector of settlement a person of unsound mind - Consent not obtained - Base fee - Enlargement - Receipt of income of settled estate for over twelve years -Section 6 of Real Property Limitation Act, 1874 - Settled lands sold and partly represented by invested capital monies - Whether Real Property Limitation Act, 1874, s. 6, applied to invested capital monies - Settled Land Act, 1882, s. 22, sub-s. 5 - Disentailing deed - Non-execution by grantees - Doubt whether the grantee alive or dead at date of deed - Deed effective - Fines and Recoveries (Ireland) Act, 1894, s. 16.

Under and by virtue of three deeds of settlement three different estates, the S. M. and K. estates, were limited upon trust as to the K and S estates for C.M.D. for life in tail male in possession and as to the M estate as tenant in tail general in possession with remainder as to the three estates to M.D., in tail general. In 1885 C.M.D. was found to be a person of unsound mind. In 1886 M.D., married W.P. There was issue of the marriage one son, H.P., and one daughter, I.P. Prior to the marriage M.D.executed two disentailing deeds in respect of the estates in tail in remainder limited by the three deeds of settlement and thereby reserved to herself powers of appointment by deed or will in respect of the settled property. At the date of the execution of the said deeds of disentailment C.M.D. was the...